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2005 Legislative Session: 6th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GRAHAM BRUCE

MINISTER OF SKILLS DEVELOPMENT

AND LABOUR

BILL 21 – 2005

CROWN COUNSEL AGREEMENT CONTINUATION ACT

Contents

Section

Definitions

Crown Counsel Agreement extended

Parties may vary Crown Counsel Agreement

Review of structures, practices and procedures

Application of Crown Counsel Act

Repeal

Commencement

Schedule

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"BCCCA" means the British Columbia Crown Counsel Association, a society incorporated under the Society Act ;

"Crown Counsel Agreement" means the agreement entered into under

section 4.1 of the Crown Counsel Act by the government and the BCCCA on January 5, 2001, as extended until March 31, 2005 under

Article 3 of that agreement.

Crown Counsel Agreement extended

(1) Subject to subsections (2) and (3), the Crown Counsel Agreement is extended and is deemed to be in effect until March 31, 2007.

(2) Effective April 1, 2006,

Schedule A to the Crown Counsel Agreement is amended to provide for a salary range of $56 254 to $139 966, in accordance with the

Schedule to this Act.

(3) For greater certainty,

(

a) the report and recommendations of the dispute resolution panel of January 14, 2004 and the arbitration award issued on February 18, 2005 in relation to the Crown Counsel Agreement have no force or effect, and

(

b) Article 3 of the Crown Counsel Agreement does not apply and the BCCCA does not have the right to withdraw prosecutorial services as described in that

Article during the term of the Crown Counsel Agreement as extended under this section.

Parties may vary Crown Counsel Agreement

(1) Subject to

section 2, the BCCCA and the government may vary, by agreement, the Crown Counsel Agreement.

(2) Despite subsection (1), a provision of the Crown Counsel Agreement constituted under subsection (1) that creates a financial obligation for the government must not be varied unless the Minister of Finance approves the variation.

Review of structures, practices and procedures

(1) The minister may appoint a commission, consisting of one or more persons, to do the following:

(

a) inquire into

(

i) the structures, practices and procedures for bargaining by the government and the BCCCA, and

(ii) other matters specified by the minister;

(

b) make recommendations, after taking into consideration the factors referred to in subsection (2), with a view to improving those structures, practices and procedures and addressing those other matters;

(

c) report the recommendations to the minister within the time set by the minister.

(2) The commission must consider the following factors:

(

a) the public interest in stable relations between the government and the BCCCA and in a bargaining process that

(

i) ensures the provision of Crown prosecution services to serve the public interest, and

(ii) results in the expeditious settlement of disputes;

(

b) the need for effective and efficient structures, practices and procedures for bargaining by the BCCCA and the government;

(

c) the views of the BCCCA and the government on how to achieve effective and efficient structures, practices and procedures referred to in paragraph (b);

(

d) any other factor that the commission considers relevant or that the minister may specify.

(3) The commission may not recommend the expiry or extinguishment of the Crown Counsel Agreement continued under this Act before the expiry date set out in

section 2 (1).

(4) For the purposes of an inquiry under this section, a person appointed to the commission has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act .

(5) A person appointed to the commission may be paid remuneration and expenses set by the minister.

Application of Crown Counsel Act

5 If there is a conflict between this Act and the Crown Counsel Act , this Act prevails.

Repeal

6 This Act may be repealed by regulation of the Lieutenant Governor in Council.

Commencement

7 This Act comes into force on the date of Royal Assent.

Schedule

Effective April 1, 2006:

Level 1:

Annual salary by year of call as follows:

Year 1

$56 254

Year 2

$60 406

Year 3

$64 558

Year 4

$68 711

Year 5

$72 862

Level 2:

Annual salary by year of call as follows:

Year 6

$77 707

Year 7

$82 551

Year 8

$87 394

Year 9

$92 242

Year 10

$96 085

Level 3A:

Annual salary as follows:

Step 1

$103 772

Step 2

$106 335

Step 3

$108 896

Step 4

$111 459

Level 3B:

Annual salary as follows:

Step 1

$111 460

Step 2

$114 296

Step 3

$117 134

Step 4

$119 970

Level 4:

Annual salary as follows:

Step 1

$119 971

Step 2

$124 970

Step 3

$129 969

Step 4

$134 967

Step 5

$139 966

Explanatory Note

This Bill extends the Crown Counsel Agreement until March 31, 2007 and provides for a salary increase effective April 1, 2006. This Bill also allows the minister to appoint a commission to review structures, practices, procedures and other matters.

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